I-130 denied

[Alexfrosty 1]

I came to the US 4 years ago with an F1 visa. I married my USC wife in 2016. And applied for an AOS. We had our interview in sept 2017. We received a NOID on 4/26/18 citing some errors, like the address on her driver’s license and also, inadequate evidence that we lived together. Pls note, during the interview, we provided our joint bank statement, leases, 2 yrs tax return we filed together, pictures, lease insurance with both our names, car insurance with both our names. We replied the NOID addressing every issue that was cited. We included her personal bank statements showing when she paid the rent before I started working. Our joint bank statement showing bills and rent payment. A photo album showing text messages sent between us within a period of 2 year, our call log showing abt 1000 calls between us in a period of 18 months, and a bunch of other evidence. We sent the reply within a period of 30days and got a confirmation email from USCIS stating our response had been received and was been reviewed. Here comes the interesting part. We received a denial in August 2018 citing the same issues raised in the NOID and a paragraph stating that they sent us a NOID and till this date, they didn’t receive a response hence the denial. We got a lawyer and appealed the decision in sept 2018. Till this date, we haven’t heard from USCIS. My question is, how long does the appeal process take? And should I start a new application process?

[azblk 338]

On 2/17/2019 at 1:52 PM, Alexfrosty said:

I came to the US 4 years ago with an F1 visa. I married my USC wife in 2016. And applied for an AOS. We had our interview in sept 2017. We received a NOID on 4/26/18 citing some errors, like the address on her driver’s license and also, inadequate evidence that we lived together. Pls note, during the interview, we provided our joint bank statement, leases, 2 yrs tax return we filed together, pictures, lease insurance with both our names, car insurance with both our names. We replied the NOID addressing every issue that was cited. We included her personal bank statements showing when she paid the rent before I started working. Our joint bank statement showing bills and rent payment. A photo album showing text messages sent between us within a period of 2 year, our call log showing abt 1000 calls between us in a period of 18 months, and a bunch of other evidence. We sent the reply within a period of 30days and got a confirmation email from USCIS stating our response had been received and was been reviewed. Here comes the interesting part. We received a denial in August 2018 citing the same issues raised in the NOID and a paragraph stating that they sent us a NOID and till this date, they didn’t receive a response hence the denial. We got a lawyer and appealed the decision in sept 2018. Till this date, we haven’t heard from USCIS. My question is, how long does the appeal process take? And should I start a new application process?

Depending on your situation filing all over again may be faster than waiting on your appeal. If you are willing to pay the fees again it maybe worth the effort than waiting it out.  Predicting uscis timelines is more difficult than reading tea leaves.